약관설명의무에서 정보제공의무로의 발전 방안- 보험 분야를 중심으로 -

Abstract

In consumer related contract, it is very important that the consumer has to get sufficient information from business provider. Nowadays the consumer contract is very complicated. Therefore it is not easy to understand the contract concretely. Disputes are arising from the fact whether the business provider has offered sufficient information to consumer. Therefore the law on regulation of standard contract terms should burden business provider to offer sufficient information to consumer. The explanation of standard contract terms is very important. Nowadays many countries are making effort to get better consumer law, especially aw on regulation of standard contract terms. Insurance is also good example in modern consumer and service society. Germany has reformed the insurance contract law thoroughly in 2007. Japan has new, separate insurance contract law since 2008. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. § 638-3 korean commercial code regulates the duty of insurer to explain the insurance contract clauses. But it is not sufficient. In that regulation there is no content about the effect of non-explanation. And § 7 german insurance contract law(VVG) are the regulations that burden the insurer to offer sufficient information to insured by the process of making contract. When the insurer violates this regulation, the insured can cancel the contract in 14 days. It has more detailed contents as korean commercial code. For instance it is not regulated in korean commercial code expressly, then the insurer offer information and which informations should be delivered to insured. The german change in regard of offering informations to insured is key point of the reform of the year 2007. We should also regard this change in germany. The regulation in korean commercial code, namely § 638-3, is not enough. There are conflicts between commercial law and law of standard contract terms, because of § 638-3 korean commercial code. This should be reformed. The reform discussion about korean insurance contract law is being done in korean national assembly. The ministry of justice has also established a reform commission in the part of insurance contract law. By the reform discussion in korea we can also consider adopting more detailed regulations about information explanation. In this sense, we should move from standard terms explanation toward information explanation. Therefore the reform of insurance law in this meaning is necessary.